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July 13, 2007
CG's Generous FAR Loophole Yielding More Additions

Everyone remembers the Third Place Atrocity that we devoted so much ink to last year, right? Well, the gent who developed that bastardization is up to his old tricks just down the block. Austin Nagel has had plans to do a "horizontal and vertical enlargement" of his four-story brick townhouse at 120 Third Place (at left) since last summer so we can only guess he's been waiting for the proceeds of Number 45 to get moving; it's a safe guess that the expansion will look something like the one that's underway two houses over at 116 Third Place )at right). What's prompting all this action? As a commenter rightly pointed out in last Tuesday's thread about 360 Smith, an archaic twist in the neighborhood's zoning that lumps the unusually large front yards into the calculation of street width means that builders can get more juice out of these lots than in other brownstone nabes. GMAP P*Shark DOB
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Comments
If only CG were landmarked...
Posted by: Anonymous at July 13, 2007 11:23 AM
This guy should be arrested. Is there no oversight on stuff like this? Welcome to the Bush era and the death of shame....
Posted by: chilllllll at July 13, 2007 11:29 AM
Of course there is oversight. Zoning and building code. So cut the drama.
Saying should be arrested is stupid, trivializes system of law and you should be ashamed.
Until recently - the economics of it wouldn't have made it feasible - so wasn't much of an issue.
Now that is an issue -work to change things. Fine.
(PS - hope they put in an elevator at least).
Posted by: Anonymous at July 13, 2007 11:46 AM
Great -- the only thing moderating the housing price increases is the construction of new houses/units. I say max out the FAR everywhere -- I'd rather have a cheap place to live than atmosphere.
Posted by: Anonymous at July 13, 2007 11:46 AM
I used to live at 116 and in my mind there is no way this building will be anything other than a tenament infested with mice and rats. Yes rats. At the time we were living there I was furious about being kicked out so this person could build his dream mansion but in retrospect he did us a favor since I was getting really tired of seeing the rodent kingdom stroll through our hallways everyday. Maybe the fact that the train tracks are so close brings them?
It's also interesting how he took offense to the phrase "oh you're the person evicting everyone in the building" when I met him. He looked a bit sad and said " I really wish you wouldn't put it like that..." aw shucks!
Posted by: Anonymous at July 13, 2007 11:46 AM
Austin Nagel and his atrocities will become the example that will help get CG the the revised codes and landmark status it deserves.
Nice job Dude!!!
Posted by: Anonymous at July 13, 2007 1:22 PM
the street width does not effect the FAR - it effects the setbacks and where and when they happen.
Posted by: Anonymous at July 13, 2007 1:43 PM
anon 1:43,
I'm an architect, and like you, I thought that street width had no impact on FAR - but in fact, it does. Go to section 23-145 of the zoning resolution to see how this loophole is being exploited
Posted by: david at July 13, 2007 2:17 PM
Screw you, Anon 11:46. You're the one who should be ashamed, defending this hack. In fact, your aggressive, personal tone suggests that you are the developer, yourself. If so, you are a jackass who is fucking up the view in some beautiful communities with your hideous additions that comply fully with building codes and zoning rules--and that, nonetheless, suck. It is usually at least *possible* to utilize FAR without ruining beautiful architecture, and developers like this can't even be bothered to try. Arrest is too good for this schmuck--he should be declared an enemy combatant and sent on an extraordinary rendition to Syria. Shithead.
Posted by: chilllllll at July 13, 2007 2:28 PM
Chilll has never been on 3rd Pl cul-de-sac or she'd know that is hideous looking block , mishmosh of styles with curb cuts and view obscured by elevated train.
Posted by: Anonymous at July 13, 2007 2:53 PM
Why is anybody fighting me on this thread? The fact that a block is already ugly doesn't mean you should be happy to see new, additional ugliness.
Posted by: chilllllll at July 13, 2007 3:10 PM
Be that as it may chillll but "landmarking" that block or most of the blocks in Carroll Gardens will mean landmarking a lot of bad taste and shoddy reconstruction that has been done over the years. My block has three, four and five story buildings built and rebuilt many times over the last one hundred years including a decade old Fedders building. Mine is a three. I'm one of the lowest buildings on the block. If I grab my FAR before the downzoners take away my right to do so I will be one of the highest. I'm not going to hurt anyone. But if they get their way I will lose nearly a million dollars of potential value that I paid for in the price of my house. Changing the zoning chages the values. When Carroll Gardens homeowners get over their unrealistic fears and learn the property value they will lose with the downzoning and the renters realize what downzoning will do to their rents, perhaps reason will prevail.
Posted by: Nicolo Macchiavelli at July 13, 2007 3:17 PM
Nicolo has a point and certainly issue that has been raised by the right-wing nutsies (like E... and Ice...) and hate to see they have somewhat of a point.
And changing FAR is some ways is worse economic threat to owners than the 'eminent domain' thing. As in eminent domain you are paid fair value.
Change in FAR and you get nada except reduced value of your prop.
But in this case - I don't think it is the FAR asking to be changed -- it is the height limit based on street width - and how is street width to be measured. Unless your lot size which your FAR is calculated is reduced because of the 'front garden' issue ---
Is it? I'm not sure.
Even with landmarking - you can increase the size - just gotta make it look the right way.
PS - and I wasn't meaning to diss people on 3rd Pl. My block is no price for sure and has been trashed on this site plenty of times.
Posted by: Anonymous at July 13, 2007 3:34 PM
Nicolo has a point and certainly issue that has been raised by the right-wing nutsies (like E... and Ice...) and hate to see they have somewhat of a point.
And changing FAR is some ways is worse economic threat to owners than the 'eminent domain' thing. As in eminent domain you are paid fair value.
Change in FAR and you get nada except reduced value of your prop.
But in this case - I don't think it is the FAR asking to be changed -- it is the height limit based on street width - and how is street width to be measured. Unless your lot size which your FAR is calculated is reduced because of the 'front garden' issue ---
Is it? I'm not sure.
Even with landmarking - you can increase the size - just gotta make it look the right way.
PS - and I wasn't meaning to diss people on 3rd Pl. My block is no prize for sure and has been trashed on this site plenty of times.
Posted by: Anonymous at July 13, 2007 3:34 PM
Machhievelli, I don't think homeowners will lose any money from downzoning,unless they were planning some major renovations. MOst homeowners in this nabe do not have that much money.
Posted by: j at July 13, 2007 3:45 PM
anon 3:34,
CG front gardens are not part of the lots, so do not reduce lot size.
the FAR argument is not so straightforward as to say, reduced FAR equals lower property value. Most anybody in a 3 to 4 story rowhouse may be able to build incrementally more, at a high cost of construction. Doing so would certainly increase their property value - enough to offset the cost of construction? Who knows.
I live on a pretty CG block. I have additional FAR available, but no intention of building it out. Part of the value of my house lies in the fact that it's on a pretty street, in which all the houses are of similar scale. If all of my neighbors began building hideous carbuncles on top of their houses, I doubt that might property value would be enhanced.
Posted by: david at July 13, 2007 3:50 PM
No argument from me on your points, Nicolo, and I wasn't calling for landmarking this block (I guess I gave that impression with my wish for oversight). My beef is with developers (like this one) who build hideous carbuncles, as David so aptly described them, above. I would just hope that people who buy buildings in large part *because* of their potential enlargement, like yourself, also bought them with the intention of enlarging them attractively. That Third Place Atrocity makes *everybody's* eyeballs bleed, it's so bad.
Posted by: chilllllll at July 13, 2007 4:17 PM
The building at 44 1st Place is for sale, asking $4.2M. When I asked the broker why so much, she said it was because you could add two floors. This building is three lots west of Clinton.
Posted by: anon at July 14, 2007 9:59 AM
"And changing FAR is some ways is worse economic threat to owners than the 'eminent domain' thing. As in eminent domain you are paid fair value."
No shit. The math works out this way. Property value is about $700 per square foot. Construction costs $150 to $200 depending on how complex a job you try and what materials you choose. Thats $700 in equity for an investment of $200 for a total after cost of $500 per square foot.
Anyway, my building now is 2000 square feet. Full build out under R6 would be around 4000. 2000x500=$1,000,000 potential value. Downzoning will take that value you for me and not give anything in return except fewer future neighbors. Please some one give me "Eminent Domain Abuse", please abuse me.
Chill says "My beef is with developers (like this one) who build hideous carbuncles, as David so aptly described them, above." Downzoning does not insure that hideous carbunkles will not be built. When demand for housing is so great and the difference between property value and construction cost is so great (700-200=500) buildings are going to be built, variances are going to be sought and granted. The difference is in frictional costs, instead of putting 200 per square foot into the building the building the owner will put 150 into the actual building (read hideous carbunkle built with shoddy materials and itinerant labor) and $50 per square foot into lawyers to fight the DoB.
Everybody has their favorite buildings. But owners (developers of owner occupiers) don't seek to build a shit building, better buildings bring higher rents and higher values.
Another thing downzoning will do is give developers, who have access to the regulators and the legal and engineering expertise to fight for variances , a comparitive advantage over owner occupants. One of the things that has always made Carroll Gardens a great neighborhood, even in the bad old days, is the high percentage of owner occupants. Three family owner occupieds have built in economic diversity and owners on the stoop keeping their eye on the block. Downzoning will unfairly disadvantage owner occupants.
With the price of property so high new buyers are tending increasingly to chop their properties up and sell them off as coops. No beef with that, its their property after all, but it does radically cut the number of apartments available for rent. Less supply equals higher rents.
Now Chillll your assumption that I bought my property because of the unused FAR is incorrect, although with my strong positions on the matter how would you know it. However, the price I paid included that unused FAR. To take that FAR away without compensation will decrease the value of my property, I really can't afford that, since, like most of you I have almost my entire savings wrapped up in this house.
Also, as the downzoning is being proposed over here there will ultimately be more surface space allowed to build out in partial exchange for height restrictions. That will force the future development out horizontally in stead of vertically. That will be much worse for those who crave wide open spaces and sunlight (maybe they miss Wyoming or Arizona). Under the present zoning I want to add about half of what a full build out would be (approx 1000 square feet) above my building. Change the zoning, I'm still adding the 1000 square feet (after all its worth $500,000 of value to me) but I'm adding it in my back yard on the first and second floor. My neighbors are going to be facing walls extended into my back yard and their sun will be cut off. That is not my desire but the downzoners will be forcing me into it. Thats what they call is Spanish "La cura resulta mas mala que la enfermedad". There is a lot of that going around in land use planning these days.
Posted by: Niccolo Machiavelli at July 14, 2007 12:58 PM
Oh yeah and J we can agree to disagree. I think most home owners in this neighborhood do not have enough money that they can afford to give up this much value. So we agree most homeowners are not real flush with cash but we disagree that therefor we should throw away the value of our property because of development paranoia.
It works this way with my property plan, the rent I plan to charge for my 1000 square foot addition will actually be less than what I charge our present tenants (great couple helping me pay my mortgage). They have 600 squre feet and pay 1700 a month x 12 = $20,400 per year/600 squre feet = $34 dollars per square foot per year. At $200 per square foot construction cost that would pay for itself in 5.8 years. I plan on stretching that out a little and renting is for less, about $2500 x 12 = 30,000/1000 = $30 per squre foot. That way it will take me six years and eight months to pay it off. Still a tremendous bargain (throw in a little rent inflation assumption and it gets better).
So my point is that neither I nor my less flush neighbors can afford the downzoning. Those who are advocating it are simply not bothered by this sort of economic reasoning or they have so much money they can afford their mortgages, maybe don't have mortages or they just want to keep new people (young diverse renters going to the bars on Smith Street).
And another issue of personal economy, we have children. They love the neighborhood and want to stay, they can't afford rent here. We can pay off the cost of our addition in 10 or 12 years and let our daughter rent it at a bargain rate.
Downzoning will drive your kids out of the neighborhood as rental supply is restricted and rents inflate accordingly. Our parents and their grandchildren will be separated as the kids go seek affordable rents somewhere else (Brownsville, East New York, Jersey City?).
Back to my original point on Eminent Domain, please abuse me.
Posted by: Niccolo Machiavelli at July 14, 2007 1:37 PM
I'm 11:46. I'm a renter in brooklyn heights -- the rents are crippling here. I have friends who have broken up with their SO, but can't afford to get separate apartments. etc. etc.
The city needs more housing, and, as you've probably noticed, nothing ever gets de-landmarked. My parents are trying to replace their front door, and it takes months to approve this crap.
The city is experiencing a population boom, and needs new housing units. How else do you assume that they are going to be created? Not everybody wants to live in a giant box.
Posted by: Anonymous at July 14, 2007 5:46 PM
Well Anonymous 5:46 maybe you should look on 3rd Place off of Court, I know its not Brooklyn Heights but there are some new units coming on the market there shortly unless some of the posters here can stop them. But if you don"t find anything there you can afford the downzoners have an answer for you. Wait for them to upzone another neighborhood, in this case the Gowanus, you can rent over there if you can"t affor Brooklyn Heights, Cobble Hill, Boerum Hill or Carroll Gardens. That is someone elses neighborhood and not in the backyard of anybody, the downzoners want affordable housing over there, in Carroll Gardens the neighbors only want unaffordable housing.
Posted by: Niccolo Machiavelli at July 14, 2007 7:35 PM
"And changing FAR is some ways is worse economic threat to owners than the 'eminent domain' thing. As in eminent domain you are paid fair value....." Yeah, Machiavelli, but you house is gone! duhhhhh.... Talk about doomsday scenarios scare tactics! This comparison/argument of yours here is scandalous and you know it! I also have a very good feeling that a guy as smart as you will get never, ever get caught in any downzoning/lose your money scenario.....You will have every single construction approvals/permits/paper signed well in advance of losing one dime due to any future changes. So why all the scarey math tactics? There is a great deal of wisdom in protecting some degree of the neighborhood architecture, integrity, and scale in Carroll Gardens, and you know this too, or else you would not sound so defensive by running these figures by the rest of us all the time(I have seen your math before) Thankfully, not everyone crunches numbers in the same way you do. I am a landlord/owner here for twenty-five years and I make a good living at it, but I would never think of adding on like you are talking about because I have other ideas for my money. I would LOVE! to see an immediate re-zoning modification in Carroll Gardens and I also support landmarking on certain blocks. The landmarking scare is overblown as any actual look at landmarking rules and process will reveal. Too much development in CG and elsewhere destroys the property values not raises them and drops the rental rates not raises them! Living next to the newest sun/light/air blocking ugly, out of context highrise building in CG does NOTHING!! to make one's house or one's rentals more desirable or more valuable. This is just plain common sense...ask a real estate broker where the house with the highest value is? Overdeveloped neighborhoods are a dime a dozen in NYC...the properties in them do not keep going up in value because very soon with the logic you present, the supply exceeds the demand, and CG starts to look just like every other overdeveloped place. And what does overdevelopment of CG cause amongst the residents in CG (who are in fact the actual "INVESTORS" in the neighborhood in fact? What happens when everyone thinks like you do? There is anger, loss of confidence in one's investment, loss of security in knowing what one's neighborhood will look like just a few short years from now, loss of faith in the neighborhood and a general feeling of instability and irritability that lowers propety values not makes them higher. It may be a little boring compared to your dog eat dog world but it is stabilty and consitency and predictabilty that create true worth in a place not a market free for all where over-development goes unchecked. Don't worry, you will like the profits!
Posted by: socrates at July 14, 2007 10:48 PM
The property is for sale. I met the developer (Austin) and the Broker. Ask price is $2M including approved plans. Austin is also selling his development on Henry Street. So, unless something has changed in the last 3 months, this thing will not be built by him.
Posted by: BulldogClyde at July 15, 2007 7:29 PM
This neighborhood is doing fine under the old zoning. There hasn"t been a single "brownstone" bought up and converted, just a few additions, some in better taste than others. You are right, I hope to stay ahead of the game and have my thing done before any adverse consequences befall me.
However, the math is not phony. The present owners and the future renters in this neighborhood all stand to lose a lot with the downzoning and the architectural character of the neighborhood won't fare much.
Stability, consitency and all those values are fine but not really in tune with the down zoning. If you want to keep the character of this neighborhood in tact all the manufacturing zones around it should be maintained, that is the true defining character of this neighborhood. People have been adding on and changing these buildings for 120 years. There really is no pure standard of neighborhoodness to go by. Actually to stop adding on and changing the buildings at this point would be out of character for the neighborhood.
Sneering at me or accusing me of profit motivation will not change the essentially reactionary character of the downzoning, it is in the end a "keep people out" "not in my back yard" "build almost nothing anywhere near anything else" approach to land use.
I'm not scared of the downzoning I'm just pointing out that it is a substantial economic sacrifice for both owners and renters. If you want to give up your rights, fine, don't build, and don't sell to anyone that will build, that is your right.
And what is scandalous about this argument unless you are afraid that some of the people you and the other downzoners have been scaring with the demon "over development" will figure out what they stand to lose (a lot).
Just where are these "overdeveloped" neighborhoods that no one wants to live in. This is like Yogi Berra "no one goes to Broadway anymore, it is too crowded." The downzoners point to success stories like Bensonhurst where recent immigrants crowd ten people into a studio apartment. Thats some success story.
If you really have a landmark block, landmark it. And if my block was really a pristine survivor of 19th Century architecture I'd gladly put in the required windows. As is I plan to be as loyal to the existing architecture as I can be. But those 19th Century buildings aren't being built anymore, neither the materials nor the skills are available.
And if you have other uses for your money fine, good for you. Adding on to my building is a good use for my money though.
Apparently I touched a nerve with the calculations though. Maybe you should think about what you will be giving up when you make the neighborhood over with your fantasy.
Posted by: Niccolo Machiavelli at July 15, 2007 8:58 PM
"Change the zoning, I'm still adding the 1000 square feet (after all its worth $500,000 of value to me) but I'm adding it in my back yard on the first and second floor. My neighbors are going to be facing walls extended into my back yard and their sun will be cut off. That is not my desire but the downzoners will be forcing me into it."
In case you haven't noticed, this has already happened all too often in the neighborhood (CG), downsizing or not. I face a two-story brick wall on the right side of my backyard patio where there never was one, and there's the distinct possibility that I'm going to be staring at another one on the left side. This has nothing to do with downsizing except for neighbors who don't give two hoots about people living next door. I will soon be sitting in a brick oven. So my property value will diminish anyway, downsizing or not.
Posted by: Anonymous at July 16, 2007 10:13 AM
autin powers nagel should be the poster boy for limiting development.. every project he has touched in carroll gardens has turned to shit.. the atocity on 45 3rd place that was built as if by dogs.. the downzoning is the best thing to keep money grubbing swine like him out of the neighborhood.. why cater to a philistine like him?.. he obviously has no tste and too much money..(look at his cheesy furniture store http://natrona.com/ the stuff he peddles is at best embarrassing)... god has decided to reduce the latter
btw what is the henry st loser that he bought on spec...it must be other peoples money.. this guy sounds like a real player.. also his bio sounds slightly fictitious... any comments?
Posted by: eman at August 10, 2008 8:14 PM
was the building on henry the one where the nephew threw out his aunts after having lived there for 50 years and needed a quick sale?.. austin is such a caring guy..lol..
Posted by: eman at August 10, 2008 9:06 PM
btw nichiolo machiavelli is obviously austin nagel
Posted by: eman at August 10, 2008 9:10 PM

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